We’re committed to transparency. Throughout this Guide we’ve shared the compelling benefits of second chance hiring while also acknowledging its possible risks. This Memorandum of Understanding is simply the formal acknowledgment of those risks.

For the purposes of this introductory application, all we ask is that you read and agree to the Memorandum with the intention to sign it via paper or digital document at your Discovery Meeting.

The Redemption Project
Memorandum of Understanding

THIS MEMORANDUM OF UNDERSTANDING (this “Agreement”) is made and entered into effective as of the date set forth below (the “Effective Date”) by and between THE REDEMPTION PROJECT, a Minnesota nonprofit corporation with offices at 8011 34th Avenue South, Suite C-11, Bloomington, Minnesota 55425 (“TRP”), and the undersigned mentoring employer (“Employer”).

            WHEREAS, TRP is a tax-exempt charitable organization that provides education, advocacy and support to inmates in federal and state prisons who are accepted into the TRP three-stage program for matching such inmates with potential employers upon their release from prison (the “TRP Program”); and 

            WHEREAS, the TRP Program includes establishing a mentoring relationship between each such inmate and the matched potential employer that continues for approximately one year prior to the inmate’s release from prison; and

            WHEREAS, TRP has requested the participation of Employer as a mentoring employer in the TRP Program and Employer is willing and able to serve in such capacity, on the terms and subject to the conditions set forth in this Agreement; 

            NOW THEREFORE, TRP and Employer hereby agree as follows: 

            1.         Participation as Mentoring Employer.

             Employer agrees to participate as a mentoring employer in the TRP Program during the term of this Agreement.  Employer acknowledges that Employer has received from TRP a copy of the Employment Partner Handbook, has read the Employment Partner Handbook and agrees to follow the policies and procedures set forth in the Employment Partner Handbook during the term of this Agreement. 

            2.         Term and Termination.

            The term of this Agreement shall commence on the Effective Date stated below and shall continue until terminated by either party as set forth in this Section 2.  Either party may terminate this Agreement, with or without cause, upon at least fifteen (15) days prior written notice to the other party.  Either party may terminate this Agreement upon three (3) days prior written notice to the other party in the event of a default by the other party with respect to any material term or provision of this Agreement. 

            3.         Responsibilities of TRP. 

            TRP will have the following responsibilities during the term of this Agreement: 

(a)        TRP will pre-screen all inmates before they are accepted into the TRP Program.  The pre-screening includes a rigorous application and review process intended to identify those inmates who are both motivated to succeed following re-entry to life outside of prison and have demonstrated a positive attitude and ability to receive training mentoring during incarceration and to undertake meaningful employment following release.

(b)       TRP will compile a written report on each inmate accepted into the TRP Program that includes information regarding criminal background and history, commentaries from government case workers and correctional institutions, and other information useful to a prospective employer, together with any recommendations of TRP.

(c)        Based on the skills and aptitude of each inmate, the type of business conducted by Employer, the type of potential job openings anticipated by Employer, and other pertinent factors such as location, workforce size, job requirements, and intangibles, TRP will use its best efforts to match one or more inmates with Employer for the TRP Program. 

(d)       TRP will introduce each matched inmate to Employer and assist Employer in establishing a mentoring relationship with the inmate approximately one (1) year before the inmate’s schedule release date.

(e)        If Employer decides to make an offer of employment to a matched inmate, TRP will provide support and assistance to the inmate in making the transition to life after prison by connecting the former inmate to organizations that can assist with re-entry issues like transportation, housing and addiction.

            4.         Responsibilities of Employer.

            Employer will have the following responsibilities during the term of this Agreement:

(a)        Employer will learn and observe all rules, policies and principles of professional mentorship with prison inmates, as established by the correctional institutions where matched inmates are serving out their sentences and as set forth in the Employment Partner Handbook and all other written materials furnished by TRP to Employer.

(b)       Following introduction to a matched inmate, Employer will provide mentoring and related advice and counsel to the inmate for a period of approximately nine (9) months, in accordance with the standards and guidelines set forth in the Employment Partner Handbook. 

(c)        Approximately 90 days prior to each matched inmate’s schedule release date, Employer shall make a decision whether or not to make an offer of employment to the inmate, with such employment to commence upon the inmate’s release.  If an offer of employment is made by Employer and accepted by the inmate, Employer shall continue pre-employment mentoring through the date of the inmate’s release and then work in coordination with TRP to provide support to the inmate in beginning employment duties and making the transition to life after prison.  If Employer decides not to make an offer of employment to any matched inmate, Employer will notify TRP of such decision in writing, with an explanation of the reasons for Employer’s decision, and Employer’s mentoring of such inmate shall end.

(d)       While Employer shall be under no legal obligation to make an offer of employment to any matched inmate nor to continue the employment of any such former inmate for any minimum period of time, Employer agrees to devote sufficient time and resources in its participation in the TRP Program to assure each matched inmate has a fair opportunity to succeed in the TRP Program and to use Employer’s best efforts, in good faith, to provide an employment opportunity to each matched inmate who demonstrates a positive attitude and ability to receive training mentoring during the TRP Program. 

5.         Relationship of the Parties.

            The relationship between TRP and Employer under this Agreement shall be strictly that of independent contractors.  No employees of either party shall be deemed employees or agents of the other party for any purpose.  Nothing in this Agreement shall be construed to create a partnership, joint venture, joint enterprise, agency or other relationship between TRP and Employer and neither party shall have the right or authority to bind the other party to any obligation of any kind. Participation by Employer in the TRP Program is not exclusive to Employer and TRP reserves the right to enter into agreements with other employer organizations for such participation. 

            6.         Default and Remedies; Mutual Release.

            The parties mutually agree to discuss any disputes or misunderstandings that arise during the term of this Agreement and use their reasonable efforts to resolve such issues.  In the event of a breach of this Agreement by either party, the sole remedy of the other party shall be to terminate this Agreement as provided in Section 2 above and, except with respect to the indemnification obligations of Employer under Section 7 below, neither party shall be liable to the other party for any damages caused by such breach.  Except with respect to the indemnification obligations of Employer under Section 7 below, each party hereby releases and discharges the other party from any claim for damages arising, or alleged to arise, from such party’s negligent acts or omissions related in any way to the TRP Program or this Agreement.  Employer expressly agrees and acknowledges that TRP shall not responsible for the behavior of any matched inmate and that TRP shall not be liable to Employer for any negligent acts or omissions of TRP in pre-screening, training, accepting, recommending, or compiling information about matched inmates in connection with the TRP Program.

          7.         Indemnification by Employer.

            Employer agrees to indemnify, defend and hold harmless TRP and TRP’s directors, officers, members, employees, agents, successors and assigns from and against any liability, loss, damage or expense (including reasonable attorneys’ fees) from any claim or cause of action of a third party based in any respect on Employer’s actual or alleged negligence, willful misconduct or violation of applicable law or regulation.

            8.         Insurance.

            During the term of this Agreement, Employer shall maintain, at Employer’s sole cost, commercial general liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 aggregate; auto liability insurance with at least $1,000,000 combined single limit; worker’s compensation and employer’s liability insurance with limits of at least $500,000; and fidelity bond/crime coverage, including computer fraud coverage, with limits of at least $100,000.  Employer shall provide evidence of such coverages to TRP, upon request, and shall give at least 30 days prior written notice to TRP in the event of any termination, non-renewal or material change in such insurance during the term of this Agreement.  

            9.         Publicity.

            During the term of this Agreement, TRP may identify and refer to Employer as a participant in the TRP Program in the marketing and promotional activities of TRP, regardless of whether or not Employer is actively providing any mentoring or employment at the time of such identification or reference.

            10.       Binding Effect.  This Memorandum shall constitute a binding and enforceable agreement and shall bind and inure to the benefit of the parties hereto and their respective successors and assigns.  No amendments or modifications to this Memorandum shall be valid unless in a subsequent writing signed by both parties.  This Memorandum may be signed in counterparts and by electronic or facsimile signatures.